Doyle v. Ortega

JOHNSON, Justice.

This is a real estate contract case. The primary issues presented are whether the parties entered into a contract, and, if so, whether the default clause of the contract precludes the buyers fi*om obtaining specific performance when the seller failed to consummate the sale. We conclude that there is a contract and that the contract precludes the buyers from obtaining specific performance.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Tom Ortega owns real property (the property) which he listed for sale with a realtor for $32,000. Shortly after Ortega listed the property, Patrick Doyle…